THIRTIETH  LEGISLATURE. 

No.  1S.|  [HOUSE. 


STATE  OF  MAINE.- 


EN  THE  YEAR  OF  OUR  LORD  ONE  THOUSAND  EIGHT  HUNDRED  AND 

FIFTY. 

AN  ACT  to  authorize  the  city  of  Portland  to  grant 

V 

further  aid  in  the  construction  of  the  Atlantic  and  St. 
Lawrence  railroad. 

Be  it  enacted  by  the  Senate  and  House  of  Representa- 
tives in  Legislature  assembled^  as  follows : 

Section  i . The  city  of  Portland  is  hereby  author- 

2 ized  to  make  a further  loan  of  its  credit  to  the  Atlan- 

3 tic  and  St.  Lawrence  railroad  company,  in  aid  of  the 

4 construction  of  their  railroad — -subject  to  the  follow- 

5 ing  terms  and  conditions. 

Sec.  2.  This  act  shall  not  take  effect,  unless  it 
2 shall  be  accepted  by  the  directors  of  said  railroad 


Wm.  T.  Johnson,  Printer  to  the  State. 


At  Vfw, 

2 HOUSE.— No.  18. 

3 company,  and  by  the  vote  of  the  inhabitants  of  said 

4 city,  voting  in  ward  meetings  duly  called  according  to 

5 law  ; and  at  least  two  thirds  of  the  whole  number  of 

6 votes  cast  at  such  ward  meetings  shall  be  necessary 

7 for  the  acceptance  of  the  act.  The  returns  of  such 

8 ward  meetings  shall  be  made  to  the  aldermen  of  the 

9 city,  and  they  shall  count  and  declare  the  votes  re- 
10  turned,  and  the  city  clerk  shall  make  record  thereof. 

Sec.  3.  Upon  the  acceptance  of  the  act  as  afore- 

2 said,  the  city  treasurer  is  authorized  to  make  and 

3 issue  from  time  to  time,  for  the  purposes  contemplated 

4 in  this  act,  the  script  of  said  city,  in  convenient  and 

5 suitable  sums,  payable  to  the  holder  thereof,  on  a 

6 term  of  time  not  less  than  twenty,  nor  more  than 

7 thirty  years,  with  coupons  for  interest  attached,  pay- 

8 able  semi-annually  or  yearly. 

Sec.  4.  The  whole  amount  of  the  script  to  be  is- 

2 sued  and  delivered  under  this  act,  shall  not  exceed 

3 five  hundred  thousand  dollars,  and  the  same  shall  be 

4 delivered  by  the  city  treasurer  to  the  directors  of  the 

5 railroad  company  from  time  to  time  as  may  be  re- 

6 quired,  subject  to  the  several  provisions  of  this  act. 

7 In  all  cases,  the  script  shall  bear  date  from  the  deliv- 


oTa>jlo  f O 


CITY  OF  PORTLAND. 


3 


8 ery  thereof,  and  the  proceeds  of  the  same  shall  be 

9 applied  by  the  directors  of  the  company,  exclusively 

10  to  the  construction  and  necessary  furniture  and  equip- 

1 1 ment  of  the  Atlantic  and  St.  Lawrence  railroad. 

Sec.  5.  Upon  the  delivery  of  each  and  every  por- 

2 tion  of  the  script  aforesaid,  the  directors  shall  execute 

3 and  deliver  to  the  city  treasurer,  for  the  city,  the  bond 

4 of  the  company  in  an  equal  amount,  payable  to  the 

5 city,  conditioned  that  the  company  will  duly  pay  the 

6 interest  on  said  script,  and  will  provide  for  the  reim- 

7 bursement  of  the  principal  thereof,  and  hold  the  city 

8 harmless  on  account  of  the  issue  of  the  same,  accord- 

9 ing  to  the  provisions  of  this  act. 

Sec.  6.  ’ The  directors  shall  also,  if  required  by  the 

2 mayor  and  aldermen  of  the  city,  transfer  to  the  city, 

3 upon  the  delivery  of  any  portion  of  the  script  as 

4 aforesaid,  an  equal  amount  in  the  shares  of  the  com- 

5 pany,  to  be  held  as  security  for  the  faithful  perform- 

6 ance  of  all  the  obligations  of  the  company  mentioned 

7 in  the  preceding  section,  and  the  certificates  of  such 

8 shares  shall  be  delivered  to  the  city  treasurer.  The 

9 shares  so  transferred,  shall  be  credited  in  the  stock 
10  books  of  the  company  as  fully  paid  up.  But  the  city 


4 


HOUSE.— No.  18. 


1 1 shall  not  be  taken  and  held  as  a stockholder  in  the 

12  company  by  reason  of  the  transfer  of  shares  for  the 

13  purposes  aforesaid,  under  the  provisions  of  this  act, 

14  or  of  an  act  passed  August  1,  1848,  nor  shall  any 

15  assessments  ever  be  required  on  the  shares  hereby 

16  authorized  to  be  transferred  as  aforesaid,  nor  shall 

17  any  dividends  be  paid  on  the  same,  nor  any  right  of 

18  acting  or  voting  at  the  meetings  of  the  company  be 

19  , claimed  or  exercised  by  reason  of  said  shares,  so  long 

20  as  the  same  shall  be  held  as  security  as  aforesaid. 

Sec.  7.  From  and  after  the  issue  and  delivery  to 

2 the  directors  of  any  portion  of  the  script  issued  under 

3 this  act,  the  city  shall  have  in  addition  to  the  lien 

4 which  it  now  has  by  virtue  of  the  act  passed  as  afore- 

5 said  August  1,  1848,  a further  lien  upon  said  railroad, 

6 and  upon  all  the  property  and  franchise  of  the  com- 

7 pany  to  secure  the  performance  of  the  conditions  of 

8 all  the  bonds,  executed  and  delivered  under  the  pro- 

9 visions  of  this  act,  which  lien  may  be  enforced,  in  the 
10  manner  hereinafter  provided. 

Sec.  8.  For  the  purpose  of  providing  for  the  reim- 

2 bursement  of  the  principal  of  the  script,  authorized 

3 to  be  issued  by  this  act,  a sinking  fund  shall  be  estab- 


CITY  OF  PORTLAND. 


5 


4 lished,  and  shall  be  under  the  management  of  com- 

5 missioners.  The  same  persons  who  shall  from  time 

6 to  time,  be  the  commissioners  of  the  sinking  fund 

7 created  under  the  act  aforesaid,  passed  August  1, 

8 1848,  shall  be  the  commissioners  of  the  sinking  fund 

9 created  under  this  act.  They  shall  severally  be  sworn 

10  to  the  faithful  discharge  of  the  duties  enjoined  upon 

1 1 them  by  this  act,  before  the  delivery  of  any  portion 

12  of  the  script  hereby  authorized,  which  oath  shall  be 

13  taken  in  presence  of  the  city  clerk,  who  shall  make 

14  record  thereof,  as  in  case  of  the  qualification  of  city 

15  officers. 

Sec.  9.  Whenever  the  directors  shall  receive  any 

2 portion  of  the  script,  authorized  as  aforesaid  to  be 

3 delivered  to  them,  they  shall  pay  to  the  city  treasurer 

4 two  per  cent,  of  the  amount  of  the  script  so  delivered, 

5 which  amount  shall  be  by  the  city  treasurer  placed  to 

6 the  credit  of  the  commissioners  of  the  sinking  fund, 

7 and  shall  constitute  a part  of  the  fund  established  by 

8 this  act.  The  directors  shall  also  annually,  in  the 

9 month  of  April,  pay  to  the  city  treasurer,  from  the 

10  income  of  the  road,  one  per  cent,  of  the  . whole 

11  amount  of  script  which  shall  have  been  before  that 


1* 


6 


HOUSE.— No.  18. 


12  time  issued  and  delivered  under  this  act,  and  which 

13  shall  be  then  outstanding;  but  after  the  expiration  of 

14  five  years  from  the  time  of  the  delivery  and  receipt 

15  of  the  first  portion  of  script  as  aforesaid,  the  said 

16  annual  payments  from  the  income  of  the  road  shall  be 

17  increased  to  one  and  a half  per  cent,  of  the  amount 

18  of  the  script  so  issued  and  then  outstanding  as  afore- 

19  said,  and  the  said  annual  payments  of  one  per  cent. 

20  for  five  years,  and  one  and  a half  per  cent,  annually 

21  thereafter,  shall  be  successively  placed  to  the  credit 

22  of  the  commissioners  of  the  sinking  fund,  and  shall 

23  constitute  a part  of  said  fund  established  by  this  act. 

Sec.  10.  The  commissioners  shall  have  the  care 

2 and  management  of  all  the  moneys  and  securities  at 

3 any  time  belonging  to  said  fund ; but  the  moneys 

4 uninvested,  and  the  securities,  shall  be  in  the  custody 

5 of  the  city  treasurer,  who  shall  be,  by  virtue  of  his 

6 office,  treasurer  of  the  sinking  fund  established  by 

7 this  act,  and  shall  be  responsible  in  his  official  bond  to 

8 the  city,  for  the  safe  keeping  of  the  moneys  and  se- 

9 curities  of  the  fund.  He  shall  pay  out  and  deliver 

10  any  of  said  moneys  and  securities  only  upon  the  war- 

1 1 rant  of  the  commissioners. 


CITY  OF  PORTLAND. 


7 


Sec.  11.  The  commissioners  shall,  from  time  to 

2 time,  at  their  discretion,  invest  the  moneys  on  hand, 

3 securely  so  that  they  shall  be  productive,  and  the 

4 same  may  be  loaned  on  mortgage  of  real  estate,  or  to 

5 any  county,  or  upon  pledge  of  the  securities  of  any 

6 county  in  this  state,  or  invested  in  the,  stock  of  this 

7 state,  or  of  the  United  States.  Any  portion  of  the 

8 fund  may  be  invested  in  the  script  authorized  by  this 

9 act,  or  by  the  aforesaid  act  of  August  1,  1848,  and 

10  such  script  shall  not  thereby  be  extinguished,  but  shall 

1 1 be  held  by  the  commissioners,  like  their  other  invest- 

12  ments,  for  the  purposes  of  the  fund.  An  amount  not 

13  exceeding  twelve  per  cent,  of  the  fund  may  be  loaned 

14  on  pledge  of  the  stock  of  any  bank,  or  of  any  stock 

15  insurance  company  in  this  state,  and  the  commission- 

1 6 ers  may  from  time  to  time  sell  and  transfer  any  of  said 

17  securities. 

Sec.  12.  The  sinking  fund  aforesaid,  and  all  the 

2 sums  which  shall  be  added  thereto  by  accumulation 

3 upon  the  investments  thereof,  shall  be  reserved  and 

4 kept  inviolate  for  the  redemption  and  reimbursement 

5 of  the  principal  of  the  script  authorized  by  this  act, 

6 at  the  maturity  thereof,  and  shall  be  applied  thereto 

7 by  the  commissioners. 


8 HOUSE.— No.  18. 

Sec.  13.  Any  of  the  shares  in  the  stock  of  the 

2 company,  held  by  the  city  for  security,  as  provided 

3 in  the  sixth  section  of  this  act,  may  be  sold  and  trans- 

4 ferred  by  the  commissioners  of  the  sinking  fund,  with 

5 the  consent  of  the  directors  of  the  company,  when- 

6 ever  an  exchange  thereof  can  be  advantageously 

7 made  for  any  of  the  script  authorized  by  this  act,  or 

8 whenever  the  said  script  can  be  advantageously  pur- 

9 chased  with  the  proceeds  of  any  such  sale  of  such 

10  collateral  shares.  And  the  script  so  purchased  or 

1 1 taken  in  exchange,  shall  be  thereupon  cancelled  and 

12  extinguished,  and  the  amount  thereof  shall  be  endorsed 

13  on  the  respective  bonds  of  the  company  given  on  the 

14  issue  and  delivery  of  such  script.  But  no  part  of 

15  the  sinking  fund  established  by  this  act,  or  of  its  ac- 

16  cumulations  shall  be  applied  at  any  time  or  in  any 

17  manner  to  the  redemption  and  extinguishment  of  the 

18  script  before  the  maturity  thereof. 

Sec.  14.  If  the  directors  of  the  company  shall  at 

2 any  time  fail  to  pay  to  the  city  treasurer  for  the  sink- 

3 ing  fund  created  by  this  act,  the  amount  aforesaid  of 

4 one  per  cent.,  or  of  one  and  a half  per  cent.,  required 

5 to  be  paid  into  the  sinking  fund,  out  of  the  income 


CITY  OF  PORTLAND. 


9 


6 of  the  road,  the  commissioners  are  authorized,  at 

7 their  discretion,  upon  such  notice  to  the  company  as 

8 they  shall  deem  suitable,  to  sell  so  many  of  the  shares 

9 held  by  the  city  for  security,  as  may  be  necessary  to 

10  supply  the  amount  of  such  deficiency,  and  the  pro- 

1 1 ceeds  of  such  sale  shall  thereupon  be  paid  into  the 

12  sinking  fund,  and  shall  become  a part  thereof.  All 

13  such  conveyances  and  transfers  of  shares,  which  may 

14  be  sold  as  aforesaid,  shall  be  made  by  the  city  treas- 

15  urer,  under  the  direction  of  the  commissioners. 

Sec.  15.  The  commissioners  shall  keep  a true 

2 record  of  all  their  proceedings  and  an  account  of  all 

3 the  sums  paid  into  the  fund,  and  of  the  investments 

4 of  the  same,  and  shall,  annually  in  the  month  of  July, 

5 report  to  the  mayor  and  aldermen  of  the  city,  and  to 

6 the  directors  of  the  railroad  company,  their  proceed- 

7 ings  for  the  year,  the  amount  and  condition  of  the 

8 fund,  and  the  income  of  the  several  parts  thereof. 

9 Their  records  and  the  accounts  of  the  fund,  and  the 

10  securities  belonging  thereto  shall  at  all  times  be  open 

1 1 to  the  inspection  of  any  committee  appointed  for  that 

12  purpose  by  the  mayor  and  aldermen,  or  by  the  dircct- 

13  ors  of  the  company. 


10 


HOUSE.— -No.  18. 


Sec.  16.  To  secure  the  faithful  discharge  of  the 
2 several  trusts  confided  to  the  said  commissioners 
S under  this  act,  the  supreme  judicial  court  is  hereby 

4 empowered,  upon  the  complaint  of  the  mayor  and 

5 aldermen  of  the  city,  or  of  the  directors  of  the  rail- 

6 road  company,  against  the  said  commissioners  or 

7 either  of  them,  concerning  any  of  their  said  trusts 

8 and  duties,  by  summary  process,  according  to  the 
. 9 course  of  proceedings  in  equity,  to  hear  and  adjude 

10  upon  the  matters  of  such  complaint  and  to  issue 

1 1 thereon,  any  suitable  suit  or  process,  and  make  any 

12  lawful  decree  to  compel  the  proper  discharge  and 

13  performance  of  such  duties  and  trusts,  and  to  remove 

14  the  said  commissioners  or  either  of  them. 

Sec.  17.  If  the  said  sinking  fund  with  its  accumu- 

2 lations  shall,  at  any  time  exceed  the  amount  of  the 

3 script  unredeemed  and  outstanding,  issued  under  this 

4 act,  all  such  excess  shall  be  annually  paid  over  to  the 

5 railroad  company;  and  if  any  surplus  of  the  fund 

6 shall  remain  after  the  redemption  and  reimbursement 

7 of  all  the  said  script,  such  surplus  shall  be  paid  over 

8 to  the  company.  And  the  mayor  and  aldermen  may 

9 from  time  to  time,  cause  to  be  reconveyed  to  the  rail- 


CITY  OF  PORTLAND. 


11 

10  road  company,  such  parts  of  the  stock  transferred  to 

11  the  city  under  this  act,  as  they  may  deem  not  to 

12  be  required  for  the  securities  herein  provided.  Upon 

13  the  final  completion  of  all  the  duties  enjoined  upon 

14  the  commissioners  under  this  act,  their  records  and 

15  accounts  shall  be  deposited  with  the  railroad  company. 

Sec.  18.  For  the  purpose  of  securing  and  en- 

2 forcing  the  lien  granted  to  the  city  by  the  seventh 

3 section  of  this  act,  and  by  the  ninth  section  of  the  act 

4 aforesaid,  passed  August  1,  1848,  the  directors  of  the 

5 company  are  hereby  authorized,  and  it  shall  be  their 

6 duty  whenever  thereby  directed  by  the  mayor  and 

7 aldermen,  to  execute  and  deliver  to  the  city  of  Port- 

8 land  a mortgage  of  said  railroad  and  of  all  its  prop- 

9 erty  real  and  personal,  and  of  the  franchise  of  the 

10  company.  Such  mortgage  shall  be  signed  by  the 

1 1 president  of  the  company  in  his  official  capacity,  and 

12  shall  be  executed  according  to  the  laws  of  the  several 

13  states  through  which  the  railroad  shall  pass,  and  shall 

14  be  of  due  and  legal  form,  and  shall  contain  apt  and 

15  sufficient  terms  for  the  security  of  the  city  against 

16  any  liabilities  then  existing,  or  which  may  thereafter 

17  be  incurred  in  pursuance  of  this  act,  and  of  the  act 


12 


HOUSE.— No.  18. 


18  aforesaid,  passed  August  1,  1848.  The  record  of 

19  such  mortgage  in  the  registry  of  deeds  for  Cumber- 

20  land  county  shall  be  a sufficient  registry  thereof  to  all 

21  intents  and  purposes,  within  this  state.  If  any  por- 

22  tion  of  the  railroad  shall  not  have  been  completed 

23  at  the  time  of  the  execution  of  such  mortgage,  the 

24  directors  shall  be  held  whenever  thereto  requested, 
23  as  aforesaid,  to  execute  and  deliver  other  like  mort- 

26  gages  of  any  other  portion  of  the  road  and  property, 

27  as  may  be  from  time  to  time  required,  and  such  fur- 

28  ther  mortgage  shall  be  subject  to  like  provisions,  and 

29  shall  have  like  operation  as  is  hereinbefore  prescribed. 

Sec.  19.  If  the  directors  of  the  company  shall  neg- 

2 lect  or  refuse  to  execute  and  deliver  any  such  mort- 

3 gage,  after  request  as  aforesaid,  the  mayor  and  alder- 

4 men  may  cause  a suit  in  equity  to  be  instituted  in  the 

5 name  of  the  city  to  compel  the  due  execution  and 

6 delivery  thereof.  The  supreme  judicial  court  for  the 

7 county  of  Cumberland,  shall  have  jurisdiction  of  such 

8 suit,  and  shall  hear  and  determine  the  same,  by  sum- 

9 mary  process,  in  their  discretion,  and  shall  make  such 

10  decree  therein  as  may  be  suitable  to  effect  the  pur- 

1 1 poses  herein  required. 


CITY  OF  PORTLAND. 


13 


Sec.  20.  For  the  purpose  of  foreclosing  any  such 

2 mortgage  upon  the  property  and  franchise  of  the 

3 company  within  this  state,  it  shall  be  sufRcient  for  the 

4 mayor  and  aldermen  to  give  notice  according  to  the 

5 mode  prescribed  in  the  fifth  section  of  the  one  hun- 

6 dred  and  twenty-fifth  chapter  of  the  revised  statutes, 

7 which  notice  may  be  published  in  a newspaper  printed 

8 in  the  city  of  Portland,  and  record  thereof  may  be 

9 made  within  thirty  days  after  the  date  of  the  last  publi- 

10  cation,  in  the  registry  of  deeds  for  the  county  of  Cum- 

11  berland,  which  publication  and  record  shall  be  suffi- 

12  cient  for  the  purposes  of  such  foreclosure.  Upon  the 

13  expiration  of  three  years  from  and  after  such  publica- 

14  tion,  if  the  conditions  of  such  mortgage  shall  not  within 

15  that  time  have  been  performed,  the  foreclosure  shall 

16  be  complete,  and  shall  be  sufficient  to  make  the  title 

17  to  all  the  property  and  franchise  aforesaid,  absolute 

18  in  the  city  of  Portland.  And  any  transfer  of  any  of 

19  the  personal  property  of  the  company,  made  after 

20  publication  of  such  notice  to  foreclose,  without  the 

21  consent  of  the  mayor  and  aldermen,  shall  be  wholly 

22  void ; but  lawful  transfers  and  changes  of  any  of  the 

23  personal  property  of  the  company,  not  including  the 


2 


14 


HOUSE.— No.  18. 


24  franchise,  and  the  rails  actually  laid,  and  the  right  of 

25  way  may  be  made  notwithstanding  such  mortgage, 

26  before  publication  of  notice  to  foreclose  as  aforesaid ; 

27  and  all  personal  property  acquired  by  the  company,  by 

28  purchase,  exchange  or  otherwise,  after  the  execution 

29  and  delivery  of  any  such  mortgage,  shall  be  covered 

30  and  held  thereby. 

Sec.  21.  If  the  directors  of  the  company  shall  at 

2 any  time  neglect  or  omit  to  pay  the  interest  which 

3 may  become  due  upon  any  portion  of  the  script  issued 

4 and  delivered  under  the  provisions  of  this  act,  or  of 

5 the  act  aforesaid  passed  August  1,  1848,  or  to  make 

6 the  annual  payments  thereby  required  for  the  sinking 

7 fund,  the  city  of  Portland  may  take  actual  possession  in 

8 and  the  manner  hereinafter  provided,  of  the  railroad 

9 of  all  the  property  real  and  personal  of  the  company, 

10  and  of  the  franchise  thereof,  and  may  hold  the  same 

1 1 and  apply  the  income  thereof  to  make  up  and  supply 

12  such  deficiencies  of  interest  and  amounts  payable  for 

13  the  sinking  fund  and  all  further  deficiencies  that  may 

14  occur,  while  the  same  are  so  held,  until  such  deficien- 

15  cies  shall  be  fully  made  up  and  discharged.  A writ- 

16  ten  notice  signed  by  the  mayor  and  aldermen  or  by  a 


CITY  OF  PORTLAND. 


15 


17  majority  of  their  number,  and  served  upon  the  presi- 

18  dent  or  treasurer,  or  any  director  of  the  company,  or 

19  if  there  are  none  such,  upon  any  stockholder  in 

20  the  company,  stating  that  the  city  thereby  takes 

21  actual  possession  of  the  railroad,  and  of  the  property 

22  and  franchise  of  the  company,  shall  be  a sufficient 

23  actual  possession  thereof,  and  shall  be  a sufficient 

24  legal  transfer  of  all  the  same  for  the  purposes  afore- 

25  said  to  the  city,  and  shall  enable  the  city  to  hold  the 

26  same  against  any  other  transfers  thereof,  and  against 

27  any  other  claims  thereon,  until  such  purposes  have 

28  been  fully  accomplished.  Such  possession  shall  not 

29  be  considered  as  an  entry  for  foreclosure,  under  any 

30  mortgage  hereinbefore  provided,  nor  shall  the  rights 

31  of  the  city  or  of  the  company  under  such  mortgage 

32  be  in  any  manner  affected  thereby. 

Sec.  22.  All  moneys  received  by  or  for  the  railroad 

2 company,  after  notice  as  aforesaid,  from  any  source 

3 whatever,  and  by  whomsoever  the  same  may  be 

4 received,  shall  belong  to  and  be  held  for  the  use  and 

5 benefit  of  the  city,  in  the  manner,  and  for  the  pur- 

6 poses  herein  provided,  and  shall,  after  notice  given  to 

7 persons  receiving  the  same,  respectively,  be  by  them 


16 


HOUSE.— No.  18. 


8 paid  to  the  city  treasurer,  which  payment  shall  be  an 

9 effectual  discharge  from  all  claims  of  the  company 

10  therefor  ; but  if  any  person,  without  such  notice,  shall 

1 1 make  payment  of  moneys  so  received  to  the  treasurer 

12  of  the  company,  such  payment  shall  be  a discharge 

13  of  all  claims  of  the  city  therefor.  All  moneys  received 

14  by  the  treasurer  of  the  company,  after  such  notice, 

15  or  in  his  hands  at  the  time  such  notice  may  be  given, 

16  shall  be  by  him  paid  to  the  city  treasurer,  after  de- 

17  ducting  the  amount  expended,  or  actually  due  for  the 

18  running  expenses  of  the  road,  for  the  salaries  of  the 

19  officers  of  the  company,  and  for  repairs  necessary  for 

20  conducting  the  ordinary  operations  of  the  road. 

21  Such  payments  to  the  city  treasurer  shall  be  made  at 

22  the  end  of  every  calendar  month,  and  shall  be  by  him 

23  applied  to  the  payment  of  the  interest  due  as  afore- 

24  said,  and  placed  to  the  credit  of  the  commissioners  of 

25  the  sinking  fund,  in  the  amounts  required  by  the  pro- 

26  visions  of  this  act,  and  the  act  aforesaid,  passed 

27  August  1,  1848.  And  any  person  who  shall  pay  or 

28  apply  any  moneys  received  as  aforesaid  in  any  man- 

29  ner  contrary  to  the  foregoing  provisions,  shall  be  per- 

30  sonally  liable  therefor,  and  the  same  may  be  recovered 


CITY  OF  PORTLAND. 


17 


31  in  an  action  for  money  had  and  received,  in  the  name 

32  of  the  city  treasurer,  whose  duty  it  shall  be  to  sue  for 

33  the  same,  to  be  by  him  held  and  applied  as  is  herein 

34  required. 

Sec.  23.  For  the  purpose  of  effecting  the  objects 

2 prescribed  in  the  two  preceding  sections,  the  mayor 

3 and  aldermen  may  cause  a suit  in  equity  to  be  institu- 

4 ted  in  the  name  of  the  city,  in  the  supreme  judicial 
3 court,  in  the  county  of  Cumberland,  against  the  rail- 

6 road  company,  its  directors,  and  any  other  person,  as 

7 may  be  necessary,  for  the  purpose  of  discovery,  in- 

8 junction,  account  or  other  relief  under  the  provisions 

9 of  this  act.  And  any  judge  of  the  court  may  issue  a 

10  writ  of  injunction  or  any  other  suitable  process  on 

11  any  such  bill,  in  vacation  or  in  term  time,  with  or 

12  without  notice,  and  the  court  shall  have  jurisdiction 

13  of  the  subject  matter  of  such  bill,  and  shall  have  such 

14  proceedings  and  make  such  orders  and  decrees,  as 

15  may  be  within  the  powers  and  according  to  the 

16  course  of  proceedings  of  courts  of  equity,  and  as  the 

17  necessities  of  the  case  may  require. 

Sec.  24.  If  the  railroad  company  shall  after  notice 
2 of  possession  as  aforesaid,  neglect  to  choose  directors 


18 


HOUSE.—No.  18. 


3 thereof,  or  any  other  necessary  officers,  or  none  such 

4 shall  be  found,  the  mayor  and  aldermen  of  the  city 

5 shall  appoint  a board  of  directors,  consisting  of  not 

6 less  than  seven  persons,  or  any  other  necessary  offi- 

7 cers,  and  the  persons  so  appointed  shall  have  all  the 

8 power  and  authority  of  officers  chosen  or  appointed 

9 under  the  provisions  of  the  act  establishing  said  com- 

10  pany,  and  upon  their  acceptance  of  such  offices, 

1 1 shall  be  subject  to  all  the  duties  and  liabilities  thereof. 

Sec.  25,  This  act  shall  take  effect  from  and  after 

2 its  approval  by  the  governor,  so  far  as  to  empower 

3 the  directors  of  the  railroad  company  and  the  inhabi- 

4 tants  of  the  city  to  act  upon  the  question  of  accepting 

5 the  same.  The  several  ward  meetings  of  the  inhab- 

6 itants  for  that  purpose,  shall  be  called  and  holden 

7 within  thirty  days  after  such  approval.  And  if  the 

8 act  shall  be  accepted  as  aforesaid,  then  after  such 

9 acceptance  and  record  thereof,  all  the  parts  of  the  act 

10  shall  take  effect  and  be  in  full  force. 


% 


i 


STATE  OF  MAINE. 


House  of  Representatives,  June  26,  1850. 

Ordered,  That  500  copies  of  the  foregoing  bill  be  printedj 
for  the  use  of  the  Legislature. 


EDMUND  W.  FLAGG,  Cleric,  | 


